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Court Clarifies Standard for Compensability of Injuries From Idiopathic Falls

The Utah Court of Appeals ruled that a worker can receive benefits for injuries she sustained from an idiopathic fall while she was working — if the injuries were made more…




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High Court Denies Additional Treatment, Benefits for Injured Field Engineer

The Wyoming Supreme Court upheld the denial of additional treatment and benefits to a field engineer for her left foot and ankle complaints. Case: Zheng v. Wyoming, No. S-23-0277, 07/19/2024, published. Facts…




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Court Has Jurisdiction Over Worker's Tort Suit for Sexual Assault

The North Carolina Court of Appeals ruled that the Industrial Commission did not have exclusive jurisdiction over a worker’s injury claim based on alleged sexual assault by a work-release inmate…




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No Additional Benefits for Worker's Knee Issues, Psychological Conditions

The North Carolina Court of Appeals upheld a finding that an injured airline employee was not entitled to additional benefits for his knee issues or mental health conditions. Case: Pierson v.




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Industrial Commission Opens Registration for Annual Conference

The North Carolina Industrial Commission opened registration for its annual conference being held Sept. 30-Oct. 2 at the Raleigh Convention Center. The 29th annual North Carolina Workers’ Compensation Educational Conference will…




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Worker's Chemical Exposure Claim Goes Back to Commission for Further Findings

The North Carolina Court of Appeals sent a worker’s claim for disability benefits back to the Industrial Commission for further findings. Case: Bailey v. Southern Lithoplate Inc., No. COA24-55, 08/20/2024, unpublished. Facts:…




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Exposure Testing Law for Air Ambulance Workers Takes Effect

A law requiring the Ohio Bureau of Workers’ Compensation and self-insured public employers to pay for diagnostic testing after air ambulance workers are exposed to certain hazards takes effect today. Gov.




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Court Overturns VSSR Award for Worker With Chemical Burns

An Ohio appellate court issued a limited writ of mandamus overturning an enhanced award of benefits against a borrowing employer for a worker’s chemical burns. Case: State ex rel. Liberty Steel…




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Court Upholds Dismissal of Day Care Worker's Claims for Discrimination, Retaliation

An Ohio appellate court upheld the summary dismissal of a day care worker’s claims for disability discrimination, workers’ compensation retaliation and negligence. Case: Long v. KeltanBW Inc., No. 112919, 06/20/2024, published. Facts:…




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BWC: 7% Rate Cut for Private Employers Takes Effect

The Ohio Bureau of Workers’ Compensation said a 7% rate cut for private employers took effect Monday. The 7% rate cut, which the BWC said would save employers about $67 million,…




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Split Court Issues Writ for Worker to Receive VSSR Award for Trench Accident

An Ohio appellate court ruled that a worker should have been granted an enhanced award of benefits for his employer’s violation of a specific safety requirement for shoring trenches. Curtis Berry…




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BWC Opens Registration for Annual Medical and Health Symposium

The Ohio Bureau of Workers’ Compensation opened registration for its 2024 Medical & Health Symposium being held in November. The free virtual event will focus on how technology in medicine is…




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BWC Rules Up for Review

The Ohio Bureau of Workers’ Compensation announced that a handful of rules are up for review. The BWC said its claims procedure rules in Chamber 4123-3, as well as the miscellaneous…




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BWC Awards $9.4M in Grants for Safety Projects

The Ohio Bureau of Workers’ Compensation awarded $9.4 million in grants for workplace safety projects. The Workforce Safety Innovation Grants disbursed this year are funding four proof-of-concept projects and four prototype…




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High Court Remands AOE Determination for Unobserved Fall

The Ohio Supreme Court said a trial court used the wrong standard to determine that a worker’s unobserved fall arose out of employment and remanded the case for additional proceedings. The…




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Public University Employee Can't Maintain Tort Suit for Campus Accident

An Ohio appellate court upheld the dismissal of a public university worker's civil suit against his employer for injuries from a fall on a campus walkway. Case: Marzan v. University of…




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No PTD for Worker With Residual Work Capacity

An Ohio appellate court upheld the denial of a worker’s claim for permanent total disability benefits, finding that she had some residual work capacity. Case: Lee v. Industrial Commission, No. 22AP-446,…




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ACF Form: How to convert form to Bootstrap 4

ACF Form is an awesome tool. It can be used in many scenarios. But when it comes to front-end display, it can become tricky to make it compatible with the actual WordPress theme. In this tutorial we’ll see how to make ACF Form use Bootstrap 4 logic. Deregister native ACF Form front styles First, we […]




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Mediation Process for Comp Claims Not Mandatory

The Kentucky Court of Appeals ruled that the mediation scheme established by statute and regulation is discretionary, not mandatory. Case: Duke v. GE Haier, No. 2024-CA-0098-WC, and Long v. Universal Linen,…




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Supreme Court Affirms Dismissal of Claim for Additional TTD as Time-Barred

The Kentucky Supreme Court upheld the dismissal of a worker’s challenge to the termination of her temporary total disability benefits as time-bared. Case: Arndt v. Jefferson County Public Schools, No. 2023-SC-0377-WC,…




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Court Upholds Denial of Benefits for Cumulative Trauma Claim

The Kentucky Court of Appeals upheld the denial of a worker’s claim for multiple injuries from two alleged on-the-job falls and cumulative trauma. Case: Hardin v. Ford Motor Co., No. 2023-CA-1250-WC,…




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Injured Ironworker Not Entitled to Benefits for Additional Conditions, Statutory Multiplier

The Kentucky Court of Appeals ruled that an injured ironworker was not entitled to benefits for additional conditions, nor was he entitled to a statutory enhancement on his permanent partial…




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Assembly Line Worker Gets Benefits Plus Multiplier for RT Injury

The Kentucky Court of Appeals upheld an award of benefits to an injured assembly line worker, plus medical benefits and a three-multiplier. Case: General Motors LLC v. Smith, No. 2024-CA-0367-WC, 07/12/2024,…




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Electrician Doesn't Establish Entitlement to PTD Benefits for Back Injury

The Kentucky Court of Appeals upheld the denial of total disability benefits to an injured electrician. Case: Blaker v. The Kroger Co., No. 2024-CA-0553-WC, 07/26/2024, unpublished. Facts: Robert Blaker Jr. worked for…




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Worker Gets No TTD for Time After Termination Until Back Surgery

The Kentucky Court of Appeals upheld a reduction in a worker’s award of temporary total disability benefits to eliminate compensation for the time after he was terminated up until he…




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Worker's PTD Claim Sent Back to Judge for Further Findings

The Kentucky Court of Appeals ruled that a worker’s claim for permanent total disability benefits had to be sent back to an administrative law judge for further findings. Case: Alden Resources v.




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Attorney Suspended for Misconduct

The Kentucky Supreme Court last week suspended an attorney for misconduct related to his representation of a client in a probate matter and a workers’ compensation claim. Barry Nathaniel Sullivan was…




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Supreme Court Upholds Award for Worker With Back Injury, Psychological Condition

The Kentucky Supreme Court upheld an award of benefits for a worker for a back injury with psychological overlay. Case: Laboratory Corporation of America v. Smith, No. 2023-SC-0479-WC, 08/22/2024, published. Facts: Hunter…




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Court Upholds Award for Worker With Cumulative Trauma Back Injury

The Kentucky Court of Appeals upheld an award of benefits for a worker with a cumulative trauma back injury. Case: Martin Marietta Materials Inc. v. Stamper, No. 2024-CA-0727-WC, 08/23/2024, unpublished. Facts: James Stamper…




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Employer Must Pay for Worker's Self-Developed Treatments of Decades-Old Back Injury

The Kentucky Court of Appeals upheld the compensability of a former news reporter’s self-developed treatments for a decades-old back injury. Case: Paxton Media Group v. Hammond, No. 2023-CA-0807-WC, 08/30/2024, unpublished. Facts and…




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Court Remands Worker's PTD Claim for Fourth Time

The Kentucky Court of Appeals remanded a worker’s claim for permanent total disability benefits to an administrative law judge for the fourth time because of deficiencies in the causation analysis. Case:…




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Court Upholds Denial of Coverage for Worker's Opioid Medication

The Kentucky Court of Appeals upheld the denial of coverage for a worker’s opioid medication. Case: Howell v. Floyd County Board of Education, No. 2024-CA-0122-WC, 10/18/2024, unpublished. Facts and procedural history: Judy…




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Split Supreme Court Awards PTD Benefits to Worker for Electric Shock Injuries

A divided South Dakota Supreme Court ruled that a worker was entitled to permanent total disability benefits for his electric shock injuries, finding he developed both a cardiac condition and…




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DLI Rules Would Authorize Max Penalty for Misclassification

The Montana Department of Labor and Industry proposed rules that would add intentional misclassification to the list of violations that justify assessing the maximum penalty. The department will hold a hearing…




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JCC Errs in Failing to Find Worker's Claim for Additional Benefits Untimely

A Florida appellate court ruled that a judge erred in failing to find that a worker’s claim for additional benefits was time-barred. Case: American Airlines Group v. Lopez, No. 1D2023-0379, 05/22/2024,…




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Court Overturns Denial of Employer's Motion for Costs as Partially Prevailing Party

A Florida appellate court overturned a judge’s decision denying an employer’s motion for costs as a prevailing party on a worker’s claim. Frances Smith worked for the Palm Beach County School…




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Governor Approves Pay Raise for Doctors Treating First Responders

Florida Gov. Ron DeSantis signed a bill allowing police and firefighters with injuries that are presumed to be compensable to select a doctor and increasing the provider’s reimbursement to twice…




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Report: Clearwater Cop Arrested for Alleged Comp, Pension Fraud

A police officer in Clearwater, Florida, was arrested after investigators allegedly observed him engaging in activities that contradicted the limitations he cited when seeking workers’ compensation benefits and a disability…




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DWC Posts Rulemaking Notice for Fee Schedule, Related Documents

The Florida Division of Workers’ Compensation posted a notice of development of rulemaking to implement the most recent edition of its health care provider fee schedule and related documents. The DWC…




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Federal Court Upholds Conviction for Pharmacy Kickback Scheme, Overturns Restitution Order

A federal appellate court upheld a defendant’s conviction for a long-running and lucrative kickback scheme but overturned the restitution order that had been imposed. Case: U.S. v. Young, Nos. 20-13091 and…




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Cashier Shot During Robbery Leads to OSHA Fines for Circle K

Federal workplace safety investigators cited Circle K Stores Inc. for failing to provide a safe place of employment after a cashier suffered a serious gunshot injury during a robbery. Two men…




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CFO Asks Court to Revisit Definition of Heart Disease for Presumptive Claims

Florida's Chief Financial Officer is asking the state's 1st District Court of Appeal to revisit its definition of heart disease under a 2023 decision dealing with presumptive claims by first…




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OSHA Cites Contractors for Fatal Fall

The federal Occupational Safety and Health Administration cited two contractors that it said could have prevented a fatal accident if they followed workplace safety rules. Jorge De La Torre, 27, died…




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House Passes Amended MDMA Therapy Bill for First Responders

Arizona lawmakers on Wednesday passed an amended bill requiring instead of allowing the use of the drug commonly known as ecstasy to treat first responders with post-traumatic stress disorder. The state House…




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Worker's Request for Hearing Dismissed as Untimely

The Arizona Court of Appeals upheld the denial of a worker’s request for a hearing as untimely despite his claim that he had never received notice that his employer’s insurance carrier…




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ICA Sets Annual Claims Seminar for August

The Industrial Commission of Arizona is holding its 2024 Claims Seminar Aug. 15-16 in Scottsdale. The seminar will cover topics including an overview of state work comp statutes, the role of…




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ALJ Abuses Discretion in Denying Worker's Request for Relief

The Arizona Court of Appeals ruled that an administrative law judge committed an abuse of discretion in denying a worker’s request for relief from the dismissal of her hearing due…




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Missed Deadlines, Lack of Discovery Wreck Worker's Request for Hearing

The Arizona Court of Appeals ruled that a worker’s request for hearing was properly dismissed, given her failure to adhere to deadlines and failure to participate in discovery and a…




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Performer Injured During Jousting Match Not Subject to Comp Coverage

A Louisiana appellate court ruled that a worker injured while participating in a jousting demonstration was exempt from coverage under the state Workers’ Compensation Act as a “performer.” Case: McKeane v.




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Court Holds Guaranty Association Liable for Worker's Mesothelioma Benefits

A Louisiana appellate court ruled that the state insurance guaranty association was liable for covering the obligations of two insolvent insurance carriers for a worker’s mesothelioma. Case: Ehlers v. Ports America…